Where life imprisonment is a possible sentence, there may also exist formal mechanisms for requesting parole after a certain period of prison time. This means that a convict could be entitled to spend the rest of the sentence (until that individual dies) outside prison. Early release is usually conditional on past and future conduct, possibly with certain restrictions or obligations. In contrast, when a fixed term of imprisonment has ended, the convict is free. The length of time served and the conditions surrounding parole vary. The date when a convict is eligible for parole does not necessarily predict when or if parole will be granted. In most countries around the world, a person granted parole after being sentenced to life imprisonment must remain parole and be subject to electronic tagging or monitoring for the remainder of their natural lives.[3]

Some technically finite sentences handed out, in particular the United States, exceed the human maximum life span and are therefore seen as de facto life sentences. Additionally, for particularly heinous crimes, courts will sometimes add additional years onto the life sentence in order to ensure that no amount of good behavior could ever result in the person being set free. For example, Ariel Castro, who kidnapped Michelle Knight, Amanda Berry, and Gina DeJesus from the streets of Cleveland, was sentenced in 2013 to "life, plus 1,000 years" for the 937 criminal counts including kidnapping, rape, and murder.[4] Courts in South Africa have handed out at least two sentences that have exceeded a century (to Moses Sithole, whose sentence exceeds two millennia, and Eugene de Kock).[citation needed]. In Tasmania, Australia, the perpetrator of the Port Arthur massacre in 1996, Martin Bryant received 35 life sentences, plus 1,035 consecutive years, all to run concurrently and for the term of his natural life.

Few countries allow for a minor to be given a lifetime sentence with no provision for eventual release; these include Antigua and Barbuda, Argentina (only over the age of 16),[5] Australia, Belize, Brunei, Cuba, Dominica, Saint Vincent and the Grenadines, the Solomon Islands, Sri Lanka, and the United States. According to a University of San Francisco Law School study, only the U.S. had minors serving such sentences in 2008.[6] In 2009, Human Rights Watch estimated that there were 2,589 youth offenders serving life sentences without the possibility for parole in the U.S.[7][8] The United States leads in life sentences (both adults and minors), at a rate of 50 people per 100,000 (1 out of 2,000) residents imprisoned for life.[9]

Mugshot of
Burton Phillips, sentenced to life imprisonment for bank robbery, 1935

Graham v. Florida was a significant case in juvenile justice. In Jacksonville, Florida, Terrence J. Graham tried to rob a restaurant along with three adolescent accomplices. During the robbery, one of Graham's accomplices had a metal bar that he used to hit the restaurant manager twice in the head. Once arrested, Graham was charged with attempted armed robbery and armed burglary with assault/battery. The maximum sentence he faced from these charges was life without the possibility of parole, and the prosecutor wanted to charge him as an adult. During the trial, Graham pleaded guilty to the charges, resulting in three years of probation, one year of which had to be served in jail. Since he had been awaiting trial in jail, he already served six months and therefore was released after six additional months.[11]

Within six months of his release, Graham was involved in another robbery. Since he violated the conditions of his probation, his probation officer reported to the trial court about his probation violations a few weeks before Graham turned 18 years old. It was a different judge presiding over his trial for the probation violations a year later. While Graham denied any involvement of the robbery, he did admit to fleeing from the police. The trial court found that Graham violated his probation by "committing a home invasion robbery, possessing a firearm, and associating with persons engaged in criminal activity",[11] and sentenced him to 15 years for the attempted armed robbery plus life imprisonment for the armed burglary. The life sentence Graham received meant he had a life sentence without the possibility of parole, "because Florida abolished their parole system in 2003".[11]

Graham's case was presented to the United States Supreme Court, with the question of whether juveniles should receive life without the possibility of parole in non-homicide cases. The Justices eventually ruled that such a sentence violated the juvenile's 8th Amendment rights, protecting them from punishments that are disproportionate to the crime committed,[11] resulting in the abolition of life sentences without the possibility of parole in non-homicide cases for juveniles.

In 2012 the Supreme Court ruled in the case of Miller v. Alabama in a 5–4 decision and with the majority opinion written by Associate Justice Elena Kagan that mandatory sentence of life in prison without parole for juvenile offenders are unconstitutional. The majority opinion stated that barring a judge for considering mitigating factors and other information, such as age, maturity, and family and home environment violated the Eighth Amendment ban on cruel and unusual punishment. Sentences of life in prison without parole can still be given to juveniles for aggravated first-degree murder, as long as the judge considers the circumstances of the case.[12][13]

World view

Reform or abolition

In a number of countries, life imprisonment has been effectively abolished. Many of the countries whose governments have abolished both life imprisonment and indefinite imprisonment have been culturally influenced or colonized by Spain or Portugal and have written such prohibitions into their current constitutional laws (including Portugal itself but not Spain).[citation needed]

A number of European countries have abolished all forms of indefinite imprisonment, including Serbia, Croatia and Spain, which set the maximum sentence at 40 years (for each conviction, which in practice keeps the possibility of de facto life imprisonment), Bosnia and Herzegovina, which sets the maximum sentence at 45 years, and Portugal, which abolished all forms of life imprisonment with the prison reforms of Sampaio e Melo in 1884 and sets the maximum sentence at 25 years.[citation needed]

Norway (de jure) and Spain (de facto from 1993 until February 2018, the question being now debated of reintroducing de jure life imprisonment, its habitual practice before it became a democracy in 1978-1983) have abolished life imprisonment but retain other forms of indefinite imprisonment.[citation needed]

In Sweden, although the law does not expressly provide for life without the possibility of release, some convicted persons may never be released, on the grounds that they are too dangerous. In Italy, persons that refuse to cooperate with authorities and are sentenced for mafia activities or terrorism are ineligible for parole and thus will spend the rest of their lives in prison. In Austria, life imprisonment will mean imprisonment for the remainder of the offender's life if clemency is rejected by the President of Austria, and in Malta, there is never any possibility of parole for any person sentenced to life imprisonment, and any form of release from a life sentence is only possible by clemency granted by the President of Malta. In France, while the law does not expressly provide for life imprisonment without any possibility of parole, a court can rule in exceptionally serious circumstances that convicts are ineligible for parole if convicted of child murder involving rape or torture, premeditated murder of a state official or terrorism resulting in death. In Moldova, there is never a possibility of parole for anyone sentenced to life imprisonment, as life imprisonment is defined as “deprivation of liberty of the convict for the entire rest of his/her life”. Where mercy is granted in relation to a person serving life imprisonment, imprisonment thereof must not be less than 30 years. There is also never a possibility of parole for any person sentenced to life imprisonment in the Netherlands, meaning that any person sentenced to a life term for any crime will spend the rest of their lives in prison, and any form of release is only possible when granted royal decree by the King of the Netherlands. In Europe, only the Netherlands, Moldova and Malta explicitly preclude parole or any form of release for life sentences in all cases. Even in other European countries that do provide for life without parole, courts continue to retain judicial discretion to decide whether a sentence of life should include parole or not.

In South and Central America, Honduras, Nicaragua, El Salvador, Costa Rica, Venezuela, Colombia, Uruguay, Bolivia, Ecuador, and the Dominican Republic have all abolished life imprisonment. The maximum sentence is 75 years in El Salvador, 60 years in Colombia, 50 years in Costa Rica and Panama, 40 years in Honduras, 25 years in Ecuador, 30 years in Nicaragua, Bolivia, Uruguay, and Venezuela, and 25 years in Paraguay. Brazil has a maximum sentence of 30 years under statutory law, but life imprisonment and capital punishment are provided by law for crimes committed during wartime (for military crimes such as treason, desertion, and mutiny) and in the Constitution.[citation needed]

15 years (Imprisonment for a definite period) or never (Imprisonment for lifetime, when clemency is rejected by President)

None

Yes

Genocide

Murder, high level drug dealing, Nazi activism, production or distribution of chemical warfare agents to be used in armed conflict; abduction, robbery, rape and statutory rape if the crime causes the victim's death, sea and air piracy and arson if the crime causes the death of a large number of people

25 years minimum for first-degree murder or high treason; 10 years minimum for second-degree murder (consecutive sentencing may extend parole ineligibility beyond 25 years in multiple murder cases). 7-25 years for any other offence where the maximum penalty is life imprisonment. [24][25]

None

Yes

High treason, first-degree murder, second-degree murder

Various crimes including attempted murder, aircraft hijacking, armed robbery, kidnapping, aggravated sexual assault, conspiracy to murder and most offenses resulting in death

Some cases of murder, public endangerment, treason, terrorism, genocide, crimes against humanity, use of forbidden combat device or forbidden combat tactics, war crimes, persecution of population, misuse of international symbols

Treason, espionage during wartime, use of force against the parliament, terrorism, arson under circumstances that are life-threatening, hijacking of vehicles, willful release of nuclear substances, murder

Maximum 20 years

After 12 years entitled to request to Minister of Justice; granted by King or Queen of Denmark

Some cases of murder, some cases of handling drugs, crimes against humanity, genocide, acts of war against civilians, terrorism, violence against the independence of Estonia, causing an explosion using nuclear energy[37]

3 convictions for any violent crime if the maximum penalty increased if such conviction per event would exceed twenty years, or if either of convictions carry a maximum sentence of life imprisonment.

Aggravated cases of murder, high treason, crimes against humanity, war crimes, aggravated cases of assault against a war emissary, assault on protected persons, use of a weapon prohibited by international convention, such as a weapon of mass destruction, aggravated cases of kidnapping, aggravated cases of trafficking in human beings, attempt to overturn constitutional order by force, aggravated cases of destruction, aggravated cases of prison riot, acts of terrorism, aggravated cases of unlawful seizure of a vehicle, aggravated cases of public endangerment, aggravated cases of mutiny, and aggravated cases of assault on a superior officer or representative of public authority, if committed by using actual force against a person or a thing.

Premeditated murder, murder committed during commission of felony, rape of child resulting in death or serious injury, gang robbery causing death or serious injury, human trafficking resulting in death

Between 7 and 30 but only if the perpetrator is covicted of a single murder that is his/her first offence without any additional circumstances. 30 years but only if the second offence that he/she is convicted of involves a second murder without any additional circumstances involved

Genocide, prohibited mistreatment of persons under international law, war crimes, crimes against humanity, prohibited military attack, attempted assassination of the President of Lithuania, attempted assassination of a governmental official or foreign official, murder with aggravated circumstances, murder of persons protected under international humanitarian law, terrorism resulting in death, piracy (hijacking of a civilian aircraft or civilian vessel) that results in death or otherwise has grave consequences to the safety of others

30 years or never (Section 57 of the Malaysian Penal Code, states that "in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for *thirty years".)

Murder, treason, genocide, inhumane treatment under aggravated circumstances, war crimes, rape under aggravated circumstances, terrorism resulting in death or under aggravated circumstances, engagement in a organized criminal group or a criminal organization under aggravated circumstances, engagement in a organized criminal group or a criminal organization that endangers life or aeronautic or airport security

(Used to be never before 2017, but was changed after ruling by European Court of Human Rights and the Supreme Court of the Netherlands.)

None

Yes (de facto)

No

Attack on monarch, violence to parliament, several facts constituting an offence resulting in death of (a) person(s) which constitutes murder (not manslaughter), manslaughter in combination with other facts, facts with intent to terrorism, terrorism, treason

under 12: cannot be prosecuted

12–15: maximum 12 month

16–17: maximum 24 months

By the king or queen and the minister of Justice (almost never granted)

Various crimes including murder, waging war against the state (in other words treason), drug trafficking, terrorism, and many crimes where the maximum penalty is death (and only applicable as a minimum punishment)

Various crimes including perjury causing execution of an innocent person, kidnapping, drug offences, various sex crimes, other violent crimes, etc.

25 years or 30 years (25 years for murder without any additional circumstances and 30 years for murder with exceptional circumstances (for men aged 65 and over as well as women) unless multiple murders are committed for the offender to be liable for life imprisonment)

25 years or 30 years; 25 years for a single murder and also for woman, 30 years for a single murder with exceptional circumstances for men aged 65 years and over as well as women.

Never; only pardon by President. Appeal to President may be possible after 20 years, but otherwise never (Section 54 of the Penal Code states that "in relation to any prescribed punishment under this Code or any other written law, 'imprisonment for life' means imprisonment for the duration of a person’s natural life".)

18 years or never, but parole hearing may be held after 10 years served, thus fixing a much later date for release on parole

None

Yes

None

Murder, kidnapping, arson, sabotage, dangerous destruction of property, hijacking, espionage, terror crimes, rebellion, endangering the public health by spread of contagion or poison, disloyalty when negotiating with foreign powers, trading in anti-personnel mines, cluster bombs or chemical or nuclear weapons, unlawful nuclear explosion, treason, genocide; in wartime only: mutiny, insubordination, undermining the will to fight, desertion, unauthorised capitulation, negligence of war preparations and negligence of battle duty; attempts, accessories, accomplices and incitements of all the above crimes might also be punished with life imprisonment.[59]

under 15: no imprisonment

15-21: no life imprisonment

By the District Court of Örebro (parole hearing). Or by the Government (pardon).[60]

Life imprisonment: 24 years (30 if organized crime), multiple life imprisonments: 30 years (34 if organized crime), aggravated life imprisonment: 30 years (36 if organized crime), multiple aggravated life imprisonments: 36 years (40 if organized crime), or never (aggravated life imprisonment for terrorism)

None

Yes

Murder, treason, terrorism, genocide, and crimes against humanity

Sexual offences, military and political crimes

Maximum 24 years

By President in case of permanent illness, rehabilitation, disability or decrepitude

No life imprisonment sentence (for serious offenses, the Vatican often works with Italian authorities; certain offenses are pardonable or reducible by the Pope and/or ecclesiastical or civil Vatican courts)